St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1887-06-18
THE DRIVEN WELL PATENT
SUSTAINED.
IScientiAc Americana

States Supreme Cont rendered TWO
decisions in cases brought under
the celebrated driven we'll patent,
sustaining it. and adju,lging the in
fringsmsnt Of the patent ~ proved.
For several reasons. these decisions
are Of widespread interest. both 10
laymsn and to the professional
world. An enormous number of
driven wells have been constructed.
and the royalties now collectible
are very large. and those from whom
they are 70 ~ collected comprise
al classss Of our psopla. The de-
cisi0n was rendered upon . reissue,
on it lace possessing expanded
elaine. and one applied for four
years after the granting Of tbs pat
emit Tie original patsSt bore the
nlmber "a. 425, and was granted
January IA. 1868. TIE reissue nun
bsr. 4372, Was dated May 8, 1871.
Thus the decision includes the sns-
tSiDing Of reissue something that
10 not generally expected Of the
Supreme Court.
10 understand what this amounts
to. the history aud claims Of the
original patent and OF the reissue
may be examined. The original
drive well wss devised by Norm ~
w. Green. Colonel Of the 76,h New
York Volunteer. in 1861. In or
der to procure fresh water for his
men. then encsmped 1t Conr:land.
N. T., hs drove = pointed rod into
tho ground until . water bearing
stratum was reached. Then be
withdrew the rod and introduced .
tube into the aperture thus made.
and through this tube or pipe the
water was pumped. The claim Of
original patent includes these three
steps. In the reissue. the process
later adopted 10 described aud
claimed. namely. the direct driving
Of tube into the earth until the
water supply 10 reached.
This il the matter Of the claim of
the reissue. and in it, coalescing Of
three steps into ona, broadening
Of the matter Seems visible. Yet
this reissue has bsen sustained.
A further plea against the patent
WAS made on the grounds Of neglect
to prosecute. and here Green WAS
also fortunate. His first we'll wss
made in 1861. yet he only applied
for bis patent in 1866. soE-e Eve
years later. An effort was made 10
coustrus this into m abandonment
Of his invention 10 the public, but
the attempt tailed.
The ground taken by The Su-
prsms Court on both these issues,
ground favorable to the patsutss.
il Ut interest to Inventors. It in
dicates disposition on the part Of
The court TO deal more literally with
Ptsnts. Il had become almost Nh
sxi0m that reissues could not be
sustain I'd. yet here 10 N instance
where expanded claims and delay
did mot suffice to invalidate one.
MANY Of tEa recent attacks upon
our patent system have been to a.
great extent iDspi-sd BY this patent. |
II royalties under,lt were ever to |
10 collected, Il Wa ele.r that u vast
number Of individuals would be
liable. The farmers throughout
the country have put down driv.
wells. in many instances doing the |
whole work themselves. After en-
isying The use Of them for . mum
Der Of years. il seemed almost IN
i"jassics - exact . royalty from tue |
constrnctor or ussr. There was q |
simplicity about the Device that
seemed 70 remove il from the class |
0f inventions. On consideration
THE will be found . false view. aud
il the merits Of the case be exam
iusd, it will b found that . most |
equitable decision has been render
Cd. The simplicity aud obvious
ness Of the device may seem ex-
treme when once it IL understood. |
But the fact that invention Was re-
quired 10 devise it is clear. from the |
fact that it was never Thought Of
until the year 1861. All the work |
u The inventors Of past centuries
bad not led TO the driving Of . pipe
into the ground for the procuring
Of water until Col. Green, in his
crude way. did it in camp. This
confederation should dispose Of
any doubts on the subjsct Of in.
veutors. The value Of the method
10 in direct ratio 70 ito simplicity
For the complex. expensive aud
dangerous method Of excavating
we'is. . method requiring expert
labor and skill, vac substituted . |
process that any intelligent person
could carry out The work Of days
was concentrated into few hours.
and the expense for material was
almost entirely done away with. II
would be difficult to lind . more |
valuable improvement.
After using one for many years. |
tho payment Of . royalty might !
seem . hardship. But it, justice
will appear when il 10 remembered
that but for such an invention every |
cell in the country would 10 4 dug
or . drilled one. both involving |
much expense. II the saving to the |
people At large that it has effected
could b computed. It would reach |
many millions Of dollars. II one
tenth Of this amount were collected
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